A. The city may require grantee to protect, support, temporarily disconnect, relocate, and remove its facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or improvement of the right-of-way for purposes of and for public welfare, health, or safety. These projects may include but are not limited to improving the rights-of-way for traffic conditions, dedications of new rights-of-way and the establishment and improvement thereof, widening and improvement of existing rights-of-way, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity or as otherwise necessary for the operations of the city or other governmental entity, regardless of the type of entity (public or private) performing the project.

B. The city shall notify the grantee as soon as practicable of the need to relocate pursuant to subsection A of this section and shall specify the date by which the relocation shall be completed. The city shall consult with the grantee on the construction schedule. The grantee shall complete the relocation by the date specified by the city, unless a later date is set for completion pursuant to RCW 35.99.060(2), or by mutual agreement of the city and the grantee.

C. Except as otherwise provided by law, the costs and expenses associated with relocations or disconnections ordered pursuant to subsection A of this section shall be borne by grantee; provided, however, grantee shall not be limited in its ability to seek reimbursement for relocation costs when permitted by RCW 35.99.060.

D. The city may require the relocation of grantee’s facilities at grantee’s expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health or welfare. (Ord. 1188-21 § 2 (Exh. A), 2021).